This Article explores the concept of “judicial federalization doctrine.” The doctrine emanates from well-documented areas of federal constitutional law, including exactions, racially motivated peremptory challenges, the exclusionary rule, same-sex sodomy, marriage, and freedom of speech and...

The right of the States to impose tax on remote sellers is an issue that calls up various constitutional principles, including (but not limited to) fundamental questions about federalism, the Due Process Clause and the Commerce Clause. In South Dakota v. Wayfair, Inc., the Court is asked for a...

In a decision that delighted "deep pockets," shocked the plaintiffs' bar, and befuddled neutral observers, the Supreme Court in Central Bank of Denver v. First Interstate Bank of Denver held that aiding and abetting liability in private actions may not be imposed under section 10 (b) of the...